Texas Estate Planning for Unmarried Couples: Protect Assets

Many unmarried couples believe that living together for years creates legal rights—but in Texas, that isn’t true. Without formal legal documents, a partner may have no say if the other becomes seriously ill or passes away. Family members or the courts could take control, leaving the surviving partner without protection. Estate planning for unmarried couples is essential to prevent this. It allows partners to make their own choices about property, medical decisions, and inheritance—rather than relying on default laws that overlook long-term relationships outside of marriage.

Why Estate Planning Matters for Unmarried Couples

Unlike married spouses, unmarried partners have no default legal claim to property or decision-making authority. Texas law doesn’t give automatic inheritance rights to a boyfriend, girlfriend, or long-term partner. That means even if you lived together for years, your partner could lose everything unless you take legal action.

Common Risks Without a Plan

The surviving partner may lose the home if their name isn’t on the deed.
Family members can exclude them from making medical decisions.
Bank accounts and retirement savings may go to next of kin, not the partner.
Courts may name someone else to handle the estate.

Key Documents That Protect Your Partner

To avoid these outcomes, you need legally binding documents. They speak for you when you can’t.

1. Will

A will lays out who gets what when you pass away. If you want your partner to inherit your home, car, or personal items, put it in writing. Without a will, the court follows intestate succession laws, which ignore unmarried partners.

2. Medical Power of Attorney

This document lets your partner make healthcare decisions for you if you become unconscious or incapacitated. Without it, hospitals will often turn to your next of kin—even if you haven’t spoken to them in years.

3. Durable Power of Attorney

A durable power of attorney gives your partner access to manage your financial matters if you’re unable to handle them. This includes paying bills, managing property, or handling insurance.

4. Directive to Physicians

Also called a living will, this tells doctors what kind of treatment you want if you can’t communicate. It relieves your partner from having to guess or defend your wishes.

5. Beneficiary Designations

You should update the beneficiary information on life insurance, retirement accounts, and bank policies. These override what’s in your will, so it’s important they reflect your current wishes.

Property and Real Estate Considerations

If you live together, make sure both names appear on the deed or lease. Otherwise, your partner could be forced to leave if you die or become incapacitated.

Buying Property Together

When purchasing real estate as an unmarried couple, choose the right title option. In Texas, you may use:

Joint tenancy with right of survivorship: This ensures the surviving partner automatically inherits the home.
Tenants in common: This splits ownership without automatic inheritance rights.

Talk to a lawyer about which one fits your goals.

Planning for Children in the Household

If the couple shares children but only one partner is the legal parent, estate planning becomes critical. A will can name your partner as guardian if something happens to you. Without it, the court could choose someone else.

Also consider:

Adopting the child legally, if possible.
Naming your partner as a standby guardian.
Including financial provisions for the child’s care.

Funeral and Burial Instructions

Without a written plan, your partner might not have a say in your final arrangements. Family members could take full control. You can fix this by:

Including instructions in your will
Writing a separate document with burial or cremation preferences
Giving your partner authority in a medical power of attorney or appointment of agent

Joint Accounts and Titles

Joint ownership is another way to pass assets directly without probate. This includes:

Joint bank accounts
Cars titled in both names
Shared investment accounts

Just keep in mind that joint ownership carries risks. If one partner has debt or legal issues, it could affect the asset.

What Happens Without Estate Planning?

Texas law favors blood relatives and legal spouses. If you don’t have a will or legal documents, your partner likely won’t inherit anything. They may even get shut out of your medical care or lose your shared home. In some cases, distant relatives end up with everything.

Steps To Start the Planning Process

You don’t need to be wealthy or elderly to plan your estate. It’s about making sure the people you care about have the legal right to support, property, and decisions.

1. Talk With Your Partner

Have a direct conversation about your wishes and concerns. Make sure you both understand what each person wants.

2. Make a List of Assets

Include your home, bank accounts, car, savings, and any valuables. Know who owns what and how it’s titled.

3. Choose the Right Legal Tools

Work with an estate planning attorney to prepare documents that reflect your goals. Online templates may not follow Texas law correctly.

4. Update Regularly

Review your plan every few years or after a major life change. Relationships, finances, and state laws can change over time.

Final Thoughts

In conclusion, estate planning for unmarried couples is crucial to protecting your relationship and ensuring your wishes are honored. Without legal safeguards in place, long-term partners may face serious challenges when it comes to medical decisions, inheritance, and property rights. By creating clear, legally binding documents—such as wills, powers of attorney, and beneficiary designations—unmarried couples can secure the same level of protection as married spouses. Taking these steps now helps avoid future disputes and provides peace of mind for both partners.

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Estate Planning FAQs for Unmarried Couples in TexasFAQs

Why is it important to protect my unmarried partner under estate planning in Texas?

Estate planning is crucial for unmarried couples in Texas because the state’s intestacy laws primarily benefit married couples.

Can my unmarried partner be named as the executor of my estate in Texas?

Yes, you can name your unmarried partner as the executor of your estate in Texas. The executor is responsible for managing your estate, including gathering assets, paying debts, and distributing property to beneficiaries.

Can I disinherit family members to provide for my unmarried partner in Texas?

In Texas, you generally have the right to disinherit family members in your will. However, keep in mind that disinheriting family members could potentially lead to legal challenges or disputes. It’s crucial to consult with an estate planning attorney to ensure your wishes are legally enforceable and minimize the chances of disputes arising.

Are there any tax implications for unmarried partners in estate planning?

Yes, Texas recognizes unmarried partners and provides certain legal rights to them. However, these rights may not be as extensive as those granted to married couples.

Texas Estate Planning for Unmarried Couples: Protect Your Partner